[Adopted 4-3-2006 by Ord. No. 333]
The term "sidewalk," as used in this article,
means and includes all paved pedestrian pathways situated within public
street rights-of-way and abutting private or public property located
within the Township of Pine.
The purpose of this article is to insure that
sidewalks are adequately maintained and kept in a state of good repair
in order to reduce or otherwise eliminate any condition that would
constitute a hazard to or result in possible injuries to the pedestrian
public.
It shall be the responsibility of the owner
of the abutting property to keep the sidewalk immediately in front
of his/her/its property in good order and repair, and at all times
free and clear of all obstruction to safe and convenient passage.
This shall include keeping and maintaining such sidewalks free and
clear of all dirt, trash and similar debris, including the removal
of snow and ice and unauthorized structure or appurtenance.
In the event a property owner fails to properly maintain the sidewalk abutting his property in accordance with § 72-67 of this article, a notice of violation shall be issued by the Township and sent to the property owner by registered or certified mail. The property owner shall take the steps necessary to correct such violation(s) within a reasonable period of time, but in no case shall any violation remain uncorrected for a period of more than 30 days from the date of receipt of the notice of violation. Failure to comply shall subject the property owner to the penalties contained in § 72-71 of this article. If the property owner continues to fail to comply with such notice, the government unit with control over the street (whether in fee or by easement) may make the necessary repairs, remove any obstructions or eliminate any hazard to pedestrian safety. In the event that the government unit making the repairs is not the Township, the Township may reimburse that government unit for the cost of the same. When the Township has incurred the costs or reimbursed another government unit for such costs, those costs, together with a penalty of 10%, shall be paid by the delinquent property owner and be collected by an action of assumpsit, or the Township Board of Supervisors may file a municipal lien against the property.
A.Â
Installation, repair or replacement of sidewalks or
sections thereof along Township roads shall be in accordance with
current Township specifications for same, or as such may be amended
in the future. These specifications shall be made available to the
property owner to insure that the proper requirements are met.
B.Â
Sidewalks installed along county or state roads shall
meet the specifications established by the county or state.
A.Â
The Township may, at its sole discretion, enter into
sidewalk agreements with other government units owning streets within
the Township to provide for enforcement of the provisions of this
article against property owners with sidewalks abutting or contained
within such streets. Such agreements may obligate the Township to
reimburse such government unit for any costs it incurs in making the
necessary repairs, removing any obstructions or eliminating any hazard
to pedestrian safety in regards to sidewalks.
B.Â
Any agreements entered into by the Township pursuant
to the authorization set forth in this article shall be approved by
resolution of the Township Board of Supervisors and shall be in a
form approved by the Solicitor.
C.Â
No sidewalk agreement entered into pursuant to this
article shall constitute a waiver of the Township's governmental immunity
for any reason whatsoever.
[Amended 5-5-2008 by Ord. No. 344]
Each property owner or agent who violates any
provision of this article shall, upon conviction, be fined not more
than $300.
